HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8857/2025 1. Smt Lali Bai wife of Jagdish Chand 2. Satish S/o Late Shri Jagdish Chand 3. Dharmendra S/o Late Shri Jagdish Chand All Resident Of Village Ronija, At Present Residents Of Holi Teeba, Tijara Tehsil Tijara District Khairthal Tijara (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Public Works Department (Pwd),government Secretariat, Jaipur. 2. State Of Rajasthan, Through Principal Secretary Department Of Panchayati Raj Government Of Rajasthan, Government Secretariat Jaipur. 3. State Of Rajasthan, Through Principal Secretary Department Of Local Bodies, Government Of Rajasthan Government Secretariat, Jaipur. 4. Executive Officer, Nagar Parishad, Tijara District Khairthal Tijara, (Rajasthan). 5. Executive Engineer, Department Of Pwd, Tehsil Tijara Division Tijara District Khairthal Tijara (Rajasthan). 6. Tehsildar, Tehsil Tijara District Khairthal Tijara (Rajasthan). ----Respondents For Petitioner(s) : Mr. Prakash Chand Thakuria For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 05/08/2025 1. The instant writ petition has been filed with the following prayer: (2 of 4) [CW-8857/2025] “(i) By an appropriate writ order or direction, action taken by the respondents be declared as Illegal by which they have not given any notice to the petitioners and have not given any opportunity hearing before demolishing the House of the Petitioners on 11.02.2025 by which Respondents have demolished the House of the Petitioners situated at Holi Teenba, Tijara Tehsil Tijara District Khairhtl Tijara for Road Widening Work from Holi Teeba to Ahinsa Circle at Alwar Bhiwadi Road, Considering the Petitioners as Encroacher over the Road land owned by the Public Works Department Rajasthan, even Petitioners having a Valid Title of the abovementioned Residential House; (ii) By an appropriate writ order or direction respondent be directed to pay Compensation to the Petitioners for demolishing the House of the Petitioners without initiating the proceedings under the Land Acquisition Actor any similar law. (iii) By an appropriate writ order or direction state Government be directed to take strict legal And penal action against the Responsible state officials and respondents who take illegal action against the Petitioners. (iv) And pass such other appropriate order or relief, in favors of the Petitioner which this Hon'ble Court deems just and proper in the facts and circumstances of the case.” 2. By way of filing this writ petition, the petitioners are seeking directions against the respondents not to demolish the constructions of the petitioners and to pay compensation for demolishing the house of the petitioners without initiating the proceedings under the statutory laws. 3. Learned counsel for the petitioners submits that the petitioners are having a valid title over the subject land. Counsel submits that a patta has been issued in their favour by the Gram Panchayat, Tijara. Counsel submits that earlier (3 of 4) [CW-8857/2025] the Municipal Board, Tijara wanted to demolish the house of the petitioners, hence, a suit for injunction was submitted against them before the Court of Civil Judge, Tijara and the same was decreed vide judgment dated 29.03.2016 and the Municipal Board was restrained to not to interfere with the possession of the petitioners. Counsel submits that in-spite of above, now the Department of Public Works is bent upon to dispossess the petitioners from the subject land and without any notice, certain part of house of the petitioners has been demolished by treating the same as encroachment by the petitioners on the subject land. Counsel submits that a notice was also served upon the respondents, but no heed was paid and impugned action has been taken, hence, interference of this Court is warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Whether the petitioners are having valid title over the subject land and whether the petitioners have raised an encroachment on the subject land or not, it is a disputed question of fact, which cannot be adjudicated by this Court under its inherent jurisdiction contained under Article 226 of the Constitution of India. 6. Once for the same cause, the petitioners approached the Civil Court against the Municipal Board, Tijara by way of filing civil suit and the Civil Court has restrained the Municipal Board, then the petitioners are not remedy less. They can (4 of 4) [CW-8857/2025] approach against the respondents before the competent Civil Court for redressal of their grievances. 7. With the aforesaid observations, the instant writ petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/8